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~ n p r c n c <!onrt
Jmanila
FIRST DIVISION
ROLANDO DS. TORRES,
Petitioner,
-versus-
RURAL BANK OF SAN JUAN,
INC., ANDRES CANO CHUA,
JOBEL GO CHUA, JESUS CANO
CHUA, MEINRADO DALISA Y,
JOSE MANALANSAN III,
OFELIA GINA BE and NA TY
ASTRERO,
Respondents.
G .R. No. 184520
Present:
SERENO, C.J,
Chairperson,
LEONARDO-DE CASTRO,
BERSAMIN,
VILLARAMA, JR., and
REYES,JJ
Promulgated:
MAR 1 3 2013
X------------------------------------------------------------------------- -
DECISION
REYES, J.:
This Petition for Review on Certiorari,
1
under Rule 45 of the Rules of
Court, seeks to reverse and set aside the Decision
2
dated February 21, 2008
of the Court of Appeals (CA) in CA-G.R. SP No. 94690 dismissing the
complaint for illegal dismissal filed by petitioner Rolando OS. Torres
(petitioner) against respondent Rural Bank of San Juan, Inc. (RBSJT) and its
officers who are the herein individual respondents, namely: Andres Cano
Chua (Andres), Jobel Go Chua (Jobel), Jesus Cano Chua (Jesus), Meinrado
Rollo, pp. 9-26.
Penned by Associate Justice Jose L. Sabio, Jr., with Associate Justices Jose C. Reyes, Jr. and
Myma Dimaranan Vidal, concurring; id. at 28-42.
I
Decision 2 G.R. No. 184520



Dalisay, Jose Manalansan III (Jose), Ofelia Ginabe (Ofelia) and Naty
Astrero (collectively referred to as respondents).
3


Likewise assailed is the CA Resolution
4
dated June 3, 2008 which
denied reconsideration.

The antecedents

Culled from the rulings of the labor tribunals and the appellate court
are the ensuing factual milieu:
5

The petitioner was initially hired by RBSJI as Personnel and
Marketing Manager in 1991. After a six-month probationary period and
finding his performance to be satisfactory, RBSJI renewed his employment
for the same post to a permanent/regular status. In June 1996, the petitioner
was offered the position of Vice-President for RBSJIs newly created
department, Allied Business Ventures. He accepted the offer and
concomitantly relinquished his post. The vacancy created was filled by
respondent Jobel who temporarily held the position concurrently as a
Corporate Planning and Human Resources Development Head.

On September 24, 1996, the petitioner was temporarily assigned as the
manager of RBSJIs N. Domingo branch in view of the resignation of
Jacinto Figueroa (Jacinto).

On September 27, 1996, Jacinto requested the petitioner to sign a
standard employment clearance pertaining to his accountabilities with
RBSJI. When the petitioner declined his request, Jacinto threw a fit and
shouted foul invectives. To pacify him, the petitioner bargained to issue a
clearance but only for Jacintos paid cash advances and salary loan.

About seven months later or on April 17, 1997, respondent Jesus
issued a memorandum to the petitioner requiring him to explain why no
administrative action should be imposed on him for his unauthorized
issuance of a clearance to Jacinto whose accountabilities were yet to be
audited. Jacinto was later found to have unliquidated cash advances and was
responsible for a questionable transaction involving P11 million for which
RBSJI is being sued by a certain Actives Builders Manufacturing

3
Individual respondents are the President and General Manager, Corporate Planning and Human
Resources Head, Consultant, Treasury Department Head, Vice-President for MISSG, Consultant to the
Human Resources Department and Human Resources Supervisor, respectively, of RBSJI; id. at 29.
4
Id. at 43-44.
5
Culled from the Labor Arbiter Decision dated November 27, 1998, id. at 62-79; National Labor
Relations Commission Decisions dated April 14, 2000 and March 3, 2006, id. at 118-127, 88-94; and CA
Decision dated February 21, 2008, id. at 28-42.
Decision 3 G.R. No. 184520



Corporation. The memorandum stressed that the clearance petitioner issued
effectively barred RBSJI from running after Jacinto.
6


The petitioner submitted his explanation on the same day clarifying
that the clearance was limited only to Jacintos paid cash advances and
salary loan based on the receipts presented by Lily Aguilar (Lily), the
cashier of N. Domingo branch. He emphasized that he had no
foreknowledge nor was he forewarned of Jacintos unliquidated cash
advances and questionable transactions and that the clearance did not extend
to those matters.
7


After conducting an investigation, RBSJIs Human Resources
Department recommended the petitioners termination from employment for
the following reasons, to wit:

1. The issuance of clearance to Mr. Jacinto Figueroa by the
[petitioner] have been prejudicial to the Bank considering that damages
[sic] found caused by Mr. Figueroa during his stay with the bank;

2. [The petitioner] is not in any authority to issue said clearance
which is a violation of the Company Code of Conduct and Discipline
under Category B Grave Offense No. 1 (falsifying or misrepresenting
persons or other company records, documents or papers) equivalent to
termination; [and]

3. The nature of his participation in the issuance of the said clearance
could be a reasonable ground for the Management to believe that he is
unworthy of the trust and confidence demanded by his position which is
also a ground for termination under Article [282] of the Labor Code.
8


On May 19, 1997, RBSJIs Board of Directors adopted the above
recommendation and issued Resolution No. 97-102 terminating the
petitioner from employment, the import of which was communicated to him
in a Memorandum dated May 30, 1997.
9


Feeling aggrieved, the petitioner filed the herein complaint for illegal
dismissal, illegal deduction, non-payment of service incentive, leave pay and
retirement benefits.
10
The petitioner averred that the supposed loss of trust
and confidence on him was a sham as it is in fact the calculated result of the
respondents dubious plot to conveniently oust him from RBSJI.


6
Id. at 30-31.
7
Id. at 31-32.
8
Id. at 68.
9
Id. at 67-69, 125.
10
Docketed as NLRC NCR Case No. 00-07-04850-97.
Decision 4 G.R. No. 184520



He claimed that he was deceived to accept a Vice-President position,
which turned out to be a mere clerical and menial work, so the respondents
can install Jobel, the son of a major stockholder of RBSJI, as Personnel and
Marketing Manager. The plot to oust the petitioner allegedly began in 1996
when Jobel annexed the Personnel and Marketing Departments to the
Business Development and Corporate Planning Department thus usurping
the functions of and displacing the petitioner, who was put on a floating
status and stripped of managerial privileges and allowances.

The petitioner further alleged that he was cunningly assigned at N.
Domingo branch so he can be implicated in the anomalous transaction
perpetrated by Jacinto. He narrated that on September 27, 1996, the officers
of RBSJI, namely: Jobel, Andres, Jose and Ofelia, were actually at the N.
Domingo branch but they all suspiciously left him to face the predicament
caused by Jacinto.

He recounted that the next day he was assigned back at the Tarlac
extension office and thereafter repeatedly harassed and forced to resign. He
tolerated such treatment and pleaded that he be allowed to at least reach his
retirement age. On March 7, 1996, he wrote a letter to George Cano Chua
(George) expressing his detestation of how the new guys are dominating
the operations of the company by destroying the image of pioneer
employees, like him, who have worked hard for the good image and market
acceptability of RBSJI. The petitioner requested for his transfer to the
operations or marketing department. His request was, however, not acted
upon.

The petitioner claimed that on March 19, 1997, respondent Jesus
verbally terminated him from employment but he later on retracted the same
and instead asked the petitioner to tender a resignation letter. The petitioner
refused. A month thereafter, the petitioner received the memorandum
asking him to explain why he cleared Jacinto of financial accountabilities
and thereafter another memorandum terminating him from employment.

For their part, the respondents maintained that the petitioner was
validly dismissed for loss of trust and confidence precipitated by his
unauthorized issuance of a financial accountability clearance sans audit to a
resigned employee. They averred that a copy of the clearance mysteriously
disappeared from RBSJIs records hence, the petitioners claim that it
pertained only to Jacintos paid cash advances and salary loan cannot stand
for being uncorroborated.

Decision 5 G.R. No. 184520



Attempts at an amicable settlement were made but the same proved
futile hence, the Labor Arbiter
11
(LA) proceeded to rule on the complaint.

Ruling of LA

In its Decision
12
dated November 27, 1998, the LA sustained the
claims of the petitioner as against the factually unsubstantiated allegation of
loss of trust and confidence propounded by the respondents. The LA
observed that the petitioners selfless dedication to his job and efforts to
achieve RBSJIs stability, which the respondents failed to dispute, negate
any finding of bad faith on his part when he issued a clearance of
accountabilities in favor of Jacinto. As such, the said act cannot serve as a
valid and justifiable ground for the respondents to lose trust and confidence
in him.

The LA further held that the failure of both parties to present a copy
of the subject clearance amidst the petitioners explanation that it did not
absolutely release Jacinto from liability, should work against the respondents
since it is the proof that will provide basis for their supposed loss of trust and
confidence.

The LA upheld the petitioners contention that the loss of trust and
confidence in him was indeed a mere afterthought to justify the respondents
premeditated plan to ease him out of RBSJI. The LAs conclusion was
premised on the convergence of the following circumstances: (1) the
petitioners stint from 1991-1996 was not marred with any controversy or
complaint regarding his performance; (2) when Jobel joined RBSJI in the
latter part of 1996, he took over the department led by the petitioner thus
placing the latter in a floating status; and (3) the petitioners temporary
transfer to the N. Domingo branch was designed to deliberately put him in a
bind and blame him on whatever course of action he may take to resolve the
same.

Accordingly, the petitioner was found to have been illegally dismissed
and thus accorded the following reliefs in the decretal portion of the LA
Decision, viz:

WHEREFORE, premises considered, judgment is hereby rendered
ordering respondent Bank and individual respondents, to reinstate [the
petitioner] to his previous or equivalent position, without loss of seniority
rights and other benefits and privileges appurtaining [sic] to him, and to
pay [the petitioner] the following:


11
Labor Arbiter Aliman D. Mangandog.
12
Rollo, pp. 62-79.
Decision 6 G.R. No. 184520



1. [The petitioners] partial backwages and other emoluments in
the form of allowances, as gasoline, maintenance,
representation, uniform and membership allowances, from the
time of his dismissal up to his actual date of reinstatement,
which as of this date amount to:

Backwages (Partial) [P]244,800.00
Gasoline Allowances .. 63,000.00
Maintenance Allowance . 45,000.00
Representation Allowance .. 54,000.00
Membership Allowance .. 12,000.00
Uniform Allowance 8,000.00
Total [P]426,800.00

2. [The petitioners] 13
th
month pay from the time of his dismissal
up to actual date of reinstatement, which as of this date
amounts to Twenty[-]Seven Thousand Two Hundred
([P]27,200.00) Pesos;

3. Moral and exemplary damages in the amount of Fifty
Thousand ([P]50,000.00) Pesos each, respectively; and

4. Attorneys fees amounting to ten percent (10%) of the total
award, specifically amounting to Fifty[-]Five Thousand Nine
Hundred Twenty[-]Three Pesos and Eight ([P]55,923.08)
Centavos.

All other claims are hereby Dismissed for lack of merit.

SO ORDERED.
13


Ruling of the National Labor Relations Commission (NLRC)

In its Resolution
14
dated April 14, 2000, the NLRC disagreed with the
LAs conclusion and opined that it was anchored on irrelevant matters such
as the petitioners performance and the preferential treatment given to
relatives of RBSJIs stockholders. The NLRC held that the legality of the
petitioners dismissal must be based on an appreciation of the facts and the
proof directly related to the offense charged, which NLRC found to have
weighed heavily in favor of the respondents.

The NLRC remarked that the petitioner was indisputably not
authorized to issue the clearance. Also, the tantrums and furious attitude
exhibited by Jacinto are not valid reasons to submit to his demands. The fact
that the N. Domingo branch had been sued civilly on February 25, 1997 for
a tax scam while under Jacintos leadership, should have alerted the
petitioner into issuing him a clearance. The action taken by the petitioner
lacked the prudence expected from a man of his stature thus prejudicing the

13
Id. at 78-79.
14
Id. at 118-127. The appeal before the NLRC was docketed as NLRC NCR CA No. 019842-99.
Decision 7 G.R. No. 184520



interests of RBSJI. Accordingly, the dispositive portion of the decision
reads:

WHEREFORE, the decision appealed from is hereby REVERSED
and SET ASIDE. Let a new one [sic] entered DISMISSING the instant
case for lack of merit. However, respondent should pay [the petitioner] his
proportionate 13
th
month pay for 1997 as he was dismissed on May 30,
1997.

SO ORDERED.
15


The petitioner sought reconsideration
16
which was admitted by the
NLRC in an Order dated September 30, 2005. From such Order, the
respondents filed a motion for reconsideration on the ground that the
petitioner failed to present a copy of his purported motion bearing the
requisite proof of filing.
17


Traversing both motions, the NLRC issued its Decision
18
dated March
3, 2006: (1) granting the petitioners plea for the reconsideration of its
Resolution dated April 14, 2000 thus effectively reversing and nullifying the
same; and (2) denying the respondents motion for reconsideration of the
Order dated September 30, 2005.

Anent the first disposition, the NLRC accorded weight to the
explanations proffered by the petitioner that the clearance issued to Jacinto
was limited only to his paid cash advances and salary loan. The NLRC
further held that the offense imputed to the petitioner is not covered by
Category B, Grave Offense No. 1 of RBSJIs Code of Conduct and
Discipline as it does not appear that he falsified or misrepresented personal
or other company records, documents or papers.
19


Taking an entirely opposite stance, the NLRC declared that the
clearance issued by the petitioner did not prejudice RBSJIs interest as it was
limited in scope and did not entirely clear Jacinto from all his financial
accountabilities. Also, the petitioner was only a day old at the N.
Domingo branch and thus he cannot be reasonably expected to be aware of
the misdeeds purportedly committed by Jacinto.
20


For the foregoing reasons, the NLRC reversed its earlier ruling and
reinstated the LAs Decision dated November 27, 1998, thus:

15
Id. at 126-127.
16
Id. at 45-60.
17
Id. at 88-89.
18
Id. at 88-94.
19
Id. at 91-93.
20
Id.
Decision 8 G.R. No. 184520




WHEREFORE, the Arbiters decision of 27 November 1998 is
hereby AFFIRMED and REINSTATED.

Accordingly, the Resolution of 14 April 2000 is REVERSED and
SET ASIDE.

Finally, [the respondents] Motion for Reconsideration dated 2
November 2005 is DENIED for lack of merit.

SO ORDERED.
21


Ruling of the CA

The respondents sought recourse with the CA,
22
which in its
Decision
23
dated February 21, 2008 reversed and set aside the NLRC
Decision dated March 3, 2006 and ruled that the petitioner was dismissed for
a just cause. The appellate court articulated that as the Acting Manager of
RBSJIs N. Domingo branch, the petitioner held a highly sensitive and
critical position which entailed the conscientious observance of company
procedures. Not only was he unauthorized to issue the clearance, he also
failed to exercise prudence in clearing Jacinto of his accountabilities given
the fact that the same were yet to be audited. Such omission financially
prejudiced RBSJI and it amounted to gross negligence and incompetence
sufficient to sow in his employer the seed of mistrust and loss of
confidence.
24
The decretal portion of the CA Decision thus reads:

IN VIEW OF ALL THE FOREGOING, the petition is
GRANTED. The March 03, 2006 Decision of the National Labor
Relations Commission is REVERSED and SET ASIDE. The April 14,
2000 Decision of the National Labor Relations Commission is hereby
REINSTATED. No costs.

SO ORDERED.
25


The petitioner moved for reconsideration
26
but the motion was denied
in the CA Resolution
27
dated June 3, 2008. Hence, the present appeal.




21
Id. at 93-94.
22
The petitioners petition for certiorari was docketed as CA-G.R. SP. No. 94690.
23
Rollo, pp. 28-42.
24
Id. at 37-39.
25
Id. at 40-41.
26
Id. at 80-87.
27
Id. at 43-44.
Decision 9 G.R. No. 184520



Arguments of the parties

The petitioner avers that the respondents claim of loss of trust and
confidence is not worthy of credence since they failed to present a copy of
the clearance purportedly showing that he cleared Jacinto of all his financial
accountabilities and not merely as to his paid cash advances and salary loan.
He points out that RBSJI must be in custody thereof considering that it is a
vital official record.

The petitioner insists that the alleged loss of trust and confidence in
him is a mere subterfuge to cover the respondents ploy to oust him out of
RBSJI. He asserts that the seven-month gap between the date when he
issued the subject clearance and the date when he was sent a memorandum
for the said act shows that the respondents supposed loss of trust and
confidence was a mere afterthought.
28


On the other hand, the respondents invoke the ratiocinations of the CA
that they were justified in losing the trust and confidence reposed on the
petitioner since he failed to exercise the degree of care expected of his
managerial position. They reiterate the petitioners admission that no audit
was yet conducted as to the accountabilities of Jacinto when he issued the
clearance.

The respondents further assert that as a former Personnel Manager,
the petitioner is well-aware of RBSJIs policy that before a resigned
employee can be cleared of accountabilities, he must be first examined or
audited. However, the petitioner opted to violate this policy and yield to
Jacintos tantrums.
29


The above arguments yield the focal issue of whether or not the
petitioner was validly dismissed from employment.

The Courts Ruling

The petition is impressed with merit.

Settled is the rule that when supported by substantial evidence, the
findings of fact of the CA are conclusive and binding on the parties and are
not reviewable by this Court.
30
As such, only errors of law are reviewed by
the Court in petitions for review of CA decisions. By way of exception,

28
Id. at 9-26.
29
Id. at 97-117.
30
Lynvil Fishing Enterprises, Inc. v. Ariola, G.R. No. 181974, February 1, 2012, 664 SCRA 679,
690.
Decision 10 G.R. No. 184520



however, the Court will exercise its equity jurisdiction and re-evaluate,
review and re-examine the factual findings of the CA when, as in this case,
the same are contradicting
31
with the findings of the labor tribunals.

The respondents failed to prove
that the petitioner was dismissed
for a just cause.

As provided in Article 282
32
of the Labor Code and as firmly
entrenched in jurisprudence,
33
an employer has the right to dismiss an
employee by reason of willful breach of the trust and confidence reposed in
him.

To temper the exercise of such prerogative and to reconcile the same
with the employees Constitutional guarantee of security of tenure, the law
imposes the burden of proof upon the employer to show that the dismissal of
the employee is for just cause failing which would mean that the dismissal is
not justified. Proof beyond reasonable doubt is not necessary but the factual
basis for the dismissal must be clearly and convincingly established.
34


Further, the law mandates that before validity can be accorded to a
dismissal premised on loss of trust and confidence, two requisites must
concur, viz: (1) the employee concerned must be holding a position of trust;
and (2) the loss of trust must be based on willful breach of trust founded on
clearly established facts.
35


There is no arguing that the petitioner was part of the upper echelons
of RBSJIs management from whom greater fidelity to trust is expected. At
the time when he committed the act which allegedly led to the loss of
RBSJIs trust and confidence in him, he was the Acting Manager of N.
Domingo branch. It was part of the petitioners responsibilities to effect a
smooth turn-over of pending transactions and to sign and approve
instructions within the limits assigned to the position under existing

31
Lima Land, Inc. v. Cuevas, G.R. No. 169523, June 16, 2010, 621 SCRA 36, 41-42.
32
Article 282. TERMINATION BY EMPLOYER.An employer may terminate an employment
for any of the following causes:
(a) Serious misconduct or willful disobedience by the employee of the lawful orders of his
employer or representative in connection with his work;
(b) Gross and habitual neglect by the employee of his duties;
(c) Fraud or willful breach by the employee of the trust reposed in him by his employer or
duly authorized representative;
(d) Commission of a crime or offense by the employee against the person of his employer or any
immediate member of his family or his duly authorized representative; and
(e) Other causes analogous to the foregoing. (Emphasis ours)
33
Prudential Guarantee and Assurance Employee Labor Union v. NLRC, G.R. No. 185335, June 13,
2012, 672 SCRA 375, 386.
34
Jerusalem v. Keppel Monte Bank, G.R. No. 169564, April 6, 2011, 647 SCRA 313, 323.
35
Supra note 33, at 387, citing Bristol Myers Squibb (Phils.), Inc. v. Baban, G.R. No. 167449,
December 17, 2008, 574 SCRA 198, 205-206.
Decision 11 G.R. No. 184520



regulations.
36
Prior thereto and ever since he was employed, he has
occupied positions that entail the power or prerogative to dictate
management policies as Personnel and Marketing Manager and thereafter
as Vice-President.

The presence of the first requisite is thus certain. Anent the second
requisite, the Court finds that the respondents failed to meet their burden of
proving that the petitioners dismissal was for a just cause.

The act alleged to have caused the loss of trust and confidence of the
respondents in the petitioner was his issuance, without prior authority and
audit, of a clearance to Jacinto who turned out to be still liable for unpaid
cash advances and for an P11-million fraudulent transaction that exposed
RBSJI to suit. According to the respondents, the clearance barred RBSJI
from running after Jacinto. The records are, however, barren of any
evidence in support of these claims.

As correctly argued by the petitioner and as above set forth, the onus
of submitting a copy of the clearance allegedly exonerating Jacinto from all
his accountabilities fell on the respondents. It was the single and absolute
evidence of the petitioners act that purportedly kindled the respondents
loss of trust. Without it, the respondents allegation of loss of trust and
confidence has no leg to stand on and must thus be rejected. Moreover, one
can reasonably expect that a copy of the clearance, an essential personnel
document, is with the respondents. Their failure to present it and the lack of
explanation for such failure or the documents unavailability props up the
presumption that its contents are unfavorable to the respondents assertions.

At any rate, the absence of the clearance upon which the contradicting
claims of the parties could ideally be resolved, should work against the
respondents. With only sworn pleadings as proof of their opposite claims on
the true contents of the clearance, the Court is bound to apply the principle
that the scales of justice should be tilted in favor of labor in case of doubt in
the evidence presented.
37


RBSJI also failed to substantiate its claim that the petitioners act
estopped them from pursuing Jacinto for his standing obligations. There is
no proof that RBSJI attempted or at least considered to demand from Jacinto
the payment of his unpaid cash advances. Neither was RBSJI able to show
that it filed a civil or criminal suit against Jacinto to make him responsible
for the alleged fraud. There is thus no factual basis for RBSJIs allegation
that it incurred damages or was financially prejudiced by the clearance
issued by the petitioner.

36
Rollo, p. 121.
37
Supra note 33, at 394.
Decision 12 G.R. No. 184520




More importantly, the complained act of the petitioner did not evince
intentional breach of the respondents trust and confidence. Neither was the
petitioner grossly negligent or unjustified in pursuing the course of action he
took.

It must be pointed out that the petitioner was caught in the quandary
of signing on the spot a standard employment clearance for the furious
Jacinto sans any information on his outstanding accountabilities, and
refusing to so sign but risk alarming or scandalizing RBSJI, its employees
and clients. Contrary to the respondents allegation, the petitioner did not
concede to Jacintos demands. He was, in fact, able to equalize two equally
undesirable options by bargaining to instead clear Jacinto only of his settled
financial obligations after proper verification with branch cashier Lily. It
was only after Lily confirmed Jacintos recorded payments that the
petitioner signed the clearance. The absence of an audit was precisely what
impelled the petitioner to decline signing a standard employment clearance
to Jacinto and instead issue a different one pertaining only to his paid
accountabilities.

Under these circumstances, it cannot be concluded that the petitioner
was in any way prompted by malicious motive in issuing the clearance. He
was also able to ensure that RBSJIs interests are protected and that Jacinto
is pacified. He did what any person placed in a similar situation can
prudently do. He was able to competently evaluate and control Jacintos
demands and thus prevent compromising RBSJIs image, employees and
clients to an alarming scene.

The Court has repeatedly emphasized that the act that breached the
trust must be willful such that it was done intentionally, knowingly, and
purposely, without justifiable excuse, as distinguished from an act done
carelessly, thoughtlessly, heedlessly or inadvertently.
38
The conditions
under which the clearance was issued exclude any finding of deliberate or
conscious effort on the part of the petitioner to prejudice his employer.

Also, the petitioner did not commit an irregular or prohibited act. He
did not falsify or misrepresent any company record as it was officially
confirmed by Lily that the items covered by the clearance were truly settled
by Jacinto. Hence, the respondents had no factual basis in declaring that the
petitioner violated Category B Grave Offense No. 1 of the Company Code of
Conduct and Discipline.


38
The Coca-Cola Export Corporation v. Gacayan, G.R. No. 149433, June 22, 2011, 652 SCRA 463,
471, citing Tiu and/or Conti Pawnshop v. NLRC, G.R. No. 83433, November 12, 1992, 215 SCRA 540,
547.
Decision 13 G.R. No. 184520



The respondents cannot capitalize on the petitioners lack of authority
to issue a clearance to resigned employees. First, it remains but an
unsubstantiated allegation despite the several opportunities for them in the
proceedings below to show, through bank documents, that the petitioner is
not among those officers so authorized. Second, it is the Courts considered
view that by virtue of the petitioners stature in respondent bank, it was well-
within his discretion to sign or certify the truthfulness of facts as they appear
in RBSJIs records. Here, the records of RBSJI cashier Lily clearly showed
that Jacinto paid the cash advances and salary loan covered by the clearance
issued by the petitioner.

Lastly, the seven-month gap between the clearance incident and the
April 17, 1997 memorandum asking the petitioner to explain his action is too
lengthy to be ignored. It likewise remains uncontroverted that during such
period, respondent Jesus verbally terminated the petitioner only to recall the
same and instead ask the latter to tender a resignation letter. When the
petitioner refused, he was sent the memorandum questioning his issuance of
a clearance to Jacinto seven months earlier. The confluence of these
undisputed circumstances supports the inference that the clearance incident
was a mere afterthought used to gain ground for the petitioners dismissal.

Loss of trust and confidence as a ground for dismissal has never been
intended to afford an occasion for abuse because of its subjective nature. It
should not be used as a subterfuge for causes which are illegal, improper and
unjustified. It must be genuine, not a mere afterthought intended to justify
an earlier action taken in bad faith.
39


All told, the unsubstantiated claims of the respondents fall short of the
standard proof required for valid termination of employment. They failed to
clearly and convincingly establish that the petitioners act of issuing a
clearance to Jacinto rendered him unfit to continue working for RBSJI. The
petitioner was illegally dismissed from employment and is entitled to back
wages, to be computed from the date he was illegally dismissed until the
finality of this decision.
40


The disposition of the case made by the LA in its Decision dated
November 27, 1998, as affirmed by the NLRC in its Decision dated March
6, 2006, is most in accord with the above disquisitions hence, must be
reinstated. However, the monetary awards therein should be clarified.



39
Supra note 31, at 47-48.
40
Supra note 33, at 398.
Decision 14 G.R. No. 184520



The petitioner is entitled to
separation pay in lieu of
reinstatement and his back wages
shall earn legal interest.

In accordance with current jurisprudence, the award of back wages
shall earn legal interest at the rate of six percent (6%) per annum from the
date of the petitioners illegal dismissal until the finality of this decision.
41

Thereafter, it shall earn 12% legal interest until fully paid
42
in accordance
with the guidelines in Eastern Shipping Lines, Inc., v. Court of Appeals.
43


In addition to his back wages, the petitioner is also entitled to
separation pay. It cannot be gainsaid that animosity and antagonism have
been brewing between the parties since the petitioner was gradually eased
out of key positions in RBSJI and to reinstate him will only intensify their
hostile working atmosphere.
44
Thus, based on strained relations, separation
pay equivalent to one (1) month salary for every year of service, with a
fraction of a year of at least six (6) months to be considered as one (1) whole
year, should be awarded in lieu of reinstatement, to be computed from date
of his engagement by RBSJI up to the finality of this decision.
45


The award of separation pay in case of strained relations is more
beneficial to both parties in that it liberates the employee from what could be
a highly oppressive work environment in as much as it releases the employer
from the grossly unpalatable obligation of maintaining in its employ a
worker it could no longer trust.
46


The award of moral and exemplary
damages is not warranted.

In M+W Zander Philippines, Inc. v. Enriquez,
47
the Court decreed that
illegal dismissal, by itself alone, does not entitle the dismissed employee to
moral damages; additional facts must be pleaded and proven to warrant the
grant of moral damages, thus:

[M]oral damages are recoverable only where the dismissal of the
employee was attended by bad faith or fraud, or constituted an act
oppressive to labor, or was done in a manner contrary to morals, good
customs or public policy. Such an award cannot be justified solely upon

41
See Aliling v. Feliciano, G.R. No. 185829, April 25, 2012, 671 SCRA 186, 221.
42
See Sessions Delights Ice Cream and Fast Foods v. CA (Sixth Division), G.R. No. 172149,
February 8, 2010, 612 SCRA 10, 26-27.
43
G.R. No. 97412, July 12, 1994, 234 SCRA 78, 95-97.
44
Bank of Lubao, Inc. v. Manabat, G.R. No. 188722, February 1, 2012, 664 SCRA 772, 780-781.
45
Supra note 41, at 215.
46
Id. at 214.
47
G.R. No. 169173, June 5, 2009, 588 SCRA 590.
Decision 15 G.R. No. 184520



the premise that the employer fired his employee without just cause or due
process. Additional facts must be pleaded and proven to warrant the grant
of moral damages under the Civil Code, i.e., that the act of dismissal was
attended by bad faith or fraud, or constituted an act oppressive to labor, or
was done in a manner contrary to morals, good customs or public policy;
and, of course, that social humiliation, wounded feelings, grave anxiety,
and similar injury resulted therefrom.
48
(Citations omitted)

Bad faith does not connote bad judgment or negligence; it imports a
dishonest purpose or some moral obliquity and conscious doing of wrong; it
means breach of a known duty through some motive or interest or ill will; it
partakes of the nature of fraud.
49


Here, the petitioner failed to prove that his dismissal was attended by
explicit oppressive, humiliating or demeaning acts. The following events
merely sketch the struggle for power within the upper management of RBSJI
between the old guys and the new guys; they do not convincingly prove
that the respondents schemed to gradually ease the petitioner out, viz: (1) his
promotion as Vice-President; (2) his replacement by Jobel as Personnel and
Marketing Manager; (2) his designation as Acting Manager of N. Domingo
branch and the recall thereof on the very next day; (3) the presence of
Andres, Jose and Ofelia at the N. Domingo branch in the morning of
September 27, 1996; and (4) Georges inaction on the petitioners request to
be transferred to the operations or marketing department. As disagreeable as
they may seem, these acts cannot be equated with bad faith that can justify
an award of damages.

Since no moral damages can be granted under the facts of the case,
exemplary damages cannot also be awarded.
50


The solidary liability of individual
respondents as corporate officers
must be recalled.

In the same vein, the individual respondents cannot be made solidarily
liable with RBSJI for the illegal dismissal. Time and again, the Court has
held that a corporation has its own legal personality separate and distinct
from those of its stockholders, directors or officers. Hence, absent any
evidence that they have exceeded their authority, corporate officers are not
personally liable for their official acts. Corporate directors and officers may
be held solidarily liable with the corporation for the termination of

48
Id. at 608-609.
49
Wensha Spa Center, Inc. v. Yung, G.R. No. 185122, August 16, 2010, 628 SCRA 311, 326.
50
Pacquing v. Coca-Cola Philippines, Inc., G.R. No. 157966, January 31, 2008, 543 SCRA 344,
363.
Decision 16 G.R. No. 184520



employment only if done with malice or in bad faith.
51
As discussed above,
the acts imputed to the respondents do not support a finding of bad faith.

In addition, the lack of a valid cause for the dismissal of an employee
does not ipso facto mean that the corporate officers acted with malice or bad
faith. There must be an independent proof of malice or bad faith,
52
which is
absent in the case at bar.

The award of 13
th
month pay is
incorrect.

Being a managerial employee, the petitioner is not entitled to 13
th

month pay. Pursuant to Memorandum Order No. 28, as implemented by the
Revised Guidelines on the Implementation of the 13
th
Month Pay Law dated
November 16, 1987, managerial employees are exempt from receiving such
benefit without prejudice to the granting of other bonuses, in lieu of the 13
th

month pay, to managerial employees upon the employers discretion.
53


The award of attorneys fees is proper.

It is settled that where an employee was forced to litigate and, thus,
incur expenses to protect his rights and interest, the award of attorneys fees
is legally and morally justifiable.
54
Pursuant to Article 111 of the Labor
Code, ten percent (10%) of the total award is the reasonable amount of
attorneys fees that can be awarded.

WHEREFORE, the petition is GRANTED. The Decision dated
February 21, 2008 and Resolution dated June 3, 2008 of the Court of
Appeals in CA-G.R. SP No. 94690 are REVERSED and SET ASIDE. The
Decision of the Labor Arbiter dated November 27, 1998 is REINSTATED
with the following MODIFICATIONS/CLARIFICATIONS: Petitioner
Rolando DS. Torres is entitled to the payment of: (a) back wages reckoned
from May 30, 1997 up to the finality of this Decision, with interest at six
percent (6%) per annum, and 12% legal interest thereafter until fully paid;
and (b) in lieu of reinstatement, separation pay equivalent to one (1) month
salary for every year of service, with a fraction of at least six (6) months to
be considered as one (1) whole year, to be computed from the date of his
employment up to the finality of this decision.


51
Londonio v. Bio Research, Inc., G.R. No. 191459, January 17, 2011, 639 SCRA 591, 599.
52
Lambert Pawnbrokers and Jewelry Corporation v. Binamira, G.R. No. 170464, July 12, 2010, 624
SCRA 705, 719.
53
House of Sara Lee v. Rey, 532 Phil. 121, 145 (2006), citing Salafranca v. Philamlife Village
Homeowners Asso. Inc., 360 Phil. 652, 668 (1998).
54
Supra note 52, at 721.
Decision 17 G.R. No. 184520
The amounts awarded as moral damages, exemplary damages and 13th
month pay are DELETED. Only respondent Rural Bank of San Juan, Inc. is
liable for the illegal dismissal and the consequential monetary awards arising
therefrom. The other portions of and monetary awards in the Labor
Arbiter's Decision dated November 27, 1998 are AFFIRMED.
SO ORDERED.
WE CONCUR:
IENVENIDO L. REYES
Associate Justice
MARIA LOURDES P. A. SERENO
Chief Justice
Chairperson
~ ~ ~ ~
TERESITA J. LEONARDO-DE CASTRO
Associate Justice
-
~ V I L L A R A
CERTIFICATION
Pursuant to Section 13, Article VITI of the Constitution, I certify that
the conclusions in the above Decision had been reached in consultation
before the case was assigned to the writer of the opinion of the Court's
Division.
MARIA LOURDES P. A. SERENO
Chief Justice